18 USC Sec. 1711 01/05/2009
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 83 - POSTAL SERVICE
Sec. 1711. Misappropriation of postal funds
Whoever, being a Postal Service officer or employee, loans, uses,
pledges, hypothecates, or converts to his own use, or deposits in
any bank, or exchanges for other funds or property, except as
authorized by law, any money or property coming into his hands or
under his control in any manner, in the execution or under color of
his office, employment, or service, whether or not the same shall
be the money or property of the United States; or fails or refuses
to remit to or deposit in the Treasury of the United States or in a
designated depository, or to account for or turn over to the proper
officer or agent, any such money or property, when required to do
so by law or the regulations of the Postal Service, or upon demand
or order of the Postal Service, either directly or through a duly
authorized officer or agent, is guilty of embezzlement; and every
such person, as well as every other person advising or knowingly
participating therein, shall be fined under this title or in a sum
equal to the amount or value of the money or property embezzled,
whichever is greater, or imprisoned not more than ten years, or
both; but if the amount or value thereof does not exceed $1,000, he
shall be fined under this title or imprisoned not more than one
year, or both.
This section shall not prohibit any Postal Service officer or
employee from depositing, under the direction of the Postal
Service, in a national bank designated by the Secretary of the
Treasury for that purpose, to his own credit as Postal Service
officer or employee, any funds in his charge, nor prevent his
negotiating drafts or other evidences of debt through such bank, or
through United States disbursing officers, or otherwise, when
instructed or required so to do by the Postal Service, for the
purpose of remitting surplus funds from one post office to another.
(June 25, 1948, ch. 645, 62 Stat. 780; Pub. L. 91-375, Sec.
6(j)(21), Aug. 12, 1970, 84 Stat. 778; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(H), (2)(G), Sept. 13, 1994, 108 Stat. 2147,
2148; Pub. L. 104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 355 (Mar. 4, 1909, ch.
321, Sec. 225, 35 Stat. 1133; June 10, 1921, ch. 18, Sec. 304, 42
Said section 355 was divided into two sections, this section and
section 3498 of this title.
The smaller punishment for an offense involving $100 or less was
added. (See reviser's notes under sections 641 and 645 of this
Changes of phraseology only were made.
1996 - Pub. L. 104-294 substituted "$1,000" for "$100" in first
1994 - Pub. L. 103-322, Sec. 330016(2)(G), in first par.,
substituted "be fined under this title or in a sum equal to the
amount or value of the money or property embezzled, whichever is
greater, or imprisoned" for "be fined in a sum equal to the amount
or value of the money or property embezzled or imprisoned".
Pub. L. 103-322, Sec. 330016(1)(H), in first par., substituted
"fined under this title" for "fined not more than $1,000" after "he
1970 - Pub. L. 91-375 substituted "Postal Service officer or
employee" and "Postal Service" for "postmaster or Postal Service
employee" and "Post Office Department" in first par., "Postal
Service officer or employee" for "Postmaster" in two places in
second par., and "Postal Service" for "Postmaster General" once in
first par. after "order of the" and twice in second par.,
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-375 effective within 1 year after Aug.
12, 1970, on date established therefor by Board of Governors of
United States Postal Service and published by it in Federal
Register, see section 15(a) of Pub. L. 91-375, set out as an
Effective Date note preceding section 101 of Title 39, Postal